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Author : Aldo Schiavello
Publisher :
ISBN 13 : 9789584641007
Total Pages : 215 pages
Book Rating : 4.6/5 (41 download)
Download or read book El positivismo jurídico después de H.L.A. Hart written by Aldo Schiavello and published by . This book was released on 2014 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Margaret Martin
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251790
Total Pages : 308 pages
Book Rating : 4.7/5 (822 download)
Download or read book Judging Positivism written by Margaret Martin and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
Author :
Publisher :
ISBN 13 :
Total Pages : 326 pages
Book Rating : 4.:/5 (1 download)
Download or read book Sapientia written by and published by . This book was released on 2007 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : J.A Ramos Pascua
Publisher : Universidad de Salamanca
ISBN 13 : 9788478004607
Total Pages : 1312 pages
Book Rating : 4.0/5 (46 download)
Download or read book El positivismo jurídico a examen. Estudios en homenaje a José Delgado Pinto written by J.A Ramos Pascua and published by Universidad de Salamanca. This book was released on 2006-01-01 with total page 1312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 724 pages
Book Rating : 4.F/5 ( download)
Download or read book Revista de ciencia política written by and published by . This book was released on 2007 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Wilfrid J. Waluchow
Publisher : Oxford University Press
ISBN 13 : 0190466413
Total Pages : 457 pages
Book Rating : 4.1/5 (94 download)
Download or read book The Legacy of Ronald Dworkin written by Wilfrid J. Waluchow and published by Oxford University Press. This book was released on 2016 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises sixteen papers selected from the 2014 McMaster University Philosophy of Law Conference (lawconf.mcmaster.ca) on the legacy of Ronald Dworkin (lawconf.mcmaster.ca). These pieces touch upon many aspects of Ronald Dworkin?s wide-ranging contributions to philosophy and jurisprudence, including his theory of value, political philosophy, moral philosophy, philosophy of international law, and legal philosophy. The book?s organizing principle and theme reflects Dworkin?s self-conception as a builder of a unified theory of value. Part I addresses the most abstract and general aspect of Dworkin?s work?the unity of value thesis. Part II comprises works that address themes from Dworkin?s political philosophy, including his discussions of authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin?s master value of dignity and the associated values of equality, and respect. Part III addresses various aspects of Dworkin?s general theory of law. Part IV comprises pieces that offer accounts of the structure and defining values of discrete areas of law, including constitutional law, the law of contract, and procedural law.
Author : Denis Galligan
Publisher : OUP Oxford
ISBN 13 : 0191018864
Total Pages : 400 pages
Book Rating : 4.1/5 (91 download)
Download or read book Law in Modern Society written by Denis Galligan and published by OUP Oxford. This book was released on 2006-09-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.
Author : Jordi Ferrer Beltrán
Publisher : Springer Science & Business Media
ISBN 13 : 9400760671
Total Pages : 283 pages
Book Rating : 4.4/5 (7 download)
Download or read book Neutrality and Theory of Law written by Jordi Ferrer Beltrán and published by Springer Science & Business Media. This book was released on 2013-04-03 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
Author : Jerzy Stelmach
Publisher :
ISBN 13 : 9788362259168
Total Pages : 0 pages
Book Rating : 4.2/5 (591 download)
Download or read book The Normativity of Law written by Jerzy Stelmach and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of legal normativity is one the most controversial issues in the philosophy of law. It was already a subject of heated debate in the 19th century and, over the last 100 years, the study of normativity has taken many shapes and forms, from Kelsen's dualism, through the reductionism proposed by legal realists, to some nihilistic stances. In recent years, there has been a renewed interest in the problems surrounding the concept of law's normativity, and this collection is seen as a contribution to that debate. The book will be of interest to lawyers and philosophers, both at the graduate and professional levels.
Author : Tom D. Campbell
Publisher : Routledge
ISBN 13 : 1351886878
Total Pages : 417 pages
Book Rating : 4.3/5 (518 download)
Download or read book The Legal Theory of Ethical Positivism written by Tom D. Campbell and published by Routledge. This book was released on 2016-12-05 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.
Author : N. MacCormick
Publisher : Springer Science & Business Media
ISBN 13 : 9401577277
Total Pages : 242 pages
Book Rating : 4.4/5 (15 download)
Download or read book An Institutional Theory of Law written by N. MacCormick and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Torben Spaak
Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Author : Tom Campbell
Publisher : Psychology Press
ISBN 13 : 9781844720231
Total Pages : 360 pages
Book Rating : 4.7/5 (22 download)
Download or read book Prescriptive Legal Positivism written by Tom Campbell and published by Psychology Press. This book was released on 2004 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of Tom Campbell's essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, The Legal Theory of Ethical Positivism (1996).
Author : Cristóbal Orrego Sánchez
Publisher : Ediciones Universidad de Navarra S.A.
ISBN 13 : 9788431315221
Total Pages : 457 pages
Book Rating : 4.3/5 (152 download)
Download or read book H.L.A. Hart written by Cristóbal Orrego Sánchez and published by Ediciones Universidad de Navarra S.A.. This book was released on 1997-01-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : KennethEinar Himma
Publisher : Routledge
ISBN 13 : 1351560794
Total Pages : 857 pages
Book Rating : 4.3/5 (515 download)
Download or read book Law and Morality written by KennethEinar Himma and published by Routledge. This book was released on 2017-07-05 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.
Author : M.C. Redondo
Publisher : Springer Science & Business Media
ISBN 13 : 9401591415
Total Pages : 198 pages
Book Rating : 4.4/5 (15 download)
Download or read book Reasons for Action and the Law written by M.C. Redondo and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most other works in this field, it is a meta-theoretical study which analyses and compares how different theories use the notion of reason in their reconstruction of problems concerning issues such as normativity, the acceptance of norms, or the justification of judicial decisions. This book is directed primarily to scholars specializing in legal theory and concerned with the contribution practical philosophy can make to it, but it also contains important arguments and insights for all those interested in the controversy between legal positivists and their critics, in the theory of human action or in reason-based practical theories in general.
Author : Peter Winch
Publisher : Routledge
ISBN 13 : 100007711X
Total Pages : 270 pages
Book Rating : 4.0/5 ( download)
Download or read book Ethics and Action written by Peter Winch and published by Routledge. This book was released on 2020-07-20 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, and now with a new Preface by Michael Campbell, this collection of essays on closely related issues in moral philosophy looks at different aspects of people’s understanding of their own and others’ actions in ethical dimensions. The book discusses the ways in which the understanding both of man’s own nature and of the nature of the world in which he lives, is a function of his social existence. It discusses questions about the character of moral deliberation and decision, the nature of the human will and its connections with action, and the extent to which an individual’s moral reasonings must claim universal applicability.
